Getting into an accident can spur some pretty basic human instincts: If we feel we have done something wrong, our first impulse could be to panic and flee the scene. But it should come as no surprise that fleeing the scene of a car accident can result in very serious ramifications down the road.
An already unpleasant event, a car accident, is magnified when there is a hit and run. In this article, we will take a look at what drivers are legally obligated to do after a car accident, and we will also discuss the potential penalties stemming from a hit and run accident.
What is Hit and Run?
Generally speaking, a hit and run is defined as being involved in a car accident (either with a pedestrian, another car, or a fixed object) and then leaving the scene without stopping to identify yourself or render aid to anyone who might need assistance.
However, a hit and run accident may involve damage to property including bicycles, or stationary objects such as a telephone pole, a parked car, or a homeowner’s property. Obviously, a hit and run accident may also involve injury to a person — another driver, a vehicle passenger, a bicyclist, or a pedestrian.
In California, it does not matter whether you caused the accident or not. The act is committed simply by leaving the scene. If you must leave the scene of an accident to access emergency assistance — by going to a nearby area to get a cell phone signal, for example — that is not considered to be a hit and run, as long as you return immediately to the accident scene.
Also, in California, it is not required that the hit and run occur on a highway or a public road. Hit and run laws also cover parking lot collisions. For example, if you reverse into an unoccupied car in a parking lot and fail to leave a note with your correct contact information on the windshield, this is a hit and run.
After an accident involving injuries, drivers usually have a legal duty to take reasonable steps to help any injured person — including calling for assistance from emergency medical services — and to report the accident to local law enforcement.
Any driver who fails to fulfill their duties after being involved in an accident can receive a traffic ticket, at a minimum. In some cases, especially when an accident causes injury or death, a driver who leaves the scene of an accident can be subject to serious criminal charges such as “felony hit and run.”
What If You Are A Victim?
Recovering from a hit and run accident can often be a lengthy and frustrating process since there is little or no information of a hit and run driver. Knowing what to do when you have been the victim of a hit and run is important. As soon as you become aware that you are the victim of a hit and run, contact the police and file a report regarding the incident. If you witness the accident while it is taking place, try to note as much information as possible about the offender’s vehicle. Your insurance company should be notified immediately as well. Get immediate medical attention for yourself and your passengers when necessary.
If you have any questions about a hit and run and need the assistance of a qualified attorney, contact JV LAW GROUP. Call us today at (714) 752-3270. We are here to help!
